ARCHIVED - Telecom Costs Order CRTC 2004-13
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Telecom Costs Order CRTC 2004-13 |
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| Ottawa, 14 September 2004 | ||
Application for costs by the Public Interest Advocacy Centre on behalf of the Consumer Groups - Retail quality of service rate adjustment plan and related issues, Telecom Public Notice CRTC 2003-3 |
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| Reference: 8660-C12-200303751 and 4754-235 | ||
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1. |
By letter dated 12 January 2004, the Public Interest Advocacy Centre (PIAC), on behalf of the Consumer Groups, applied for costs with respect to their participation in the proceeding initiated by Retail quality of service rate adjustment plan and related issues, Telecom Public Notice CRTC 2003-3, 27 March 2003 (the Public Notice 2003-3 proceeding). | |
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2. |
By letter dated 6 April 2004, Bell Canada filed comments on behalf of Aliant Telecom Inc., Bell Canada, MTS Communications Inc., Saskatchewan Telecommunications and Télébec, société en commandite (collectively the Companies), indicating that they did not oppose the Consumer Groups' entitlement to costs or the amount claimed. No comments were received from TELUS Communications Inc. (TCI) or TELUS Communications (Québec) Inc. (collectively TELUS). | |
The application |
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3. |
The Consumer Groups requested that the Commission fix their costs at $32,937.57, consisting of $10,140.93 for legal fees, $22,461.66 for consulting fees, and $334.98 for disbursements. The Consumer Groups' claim included the Federal Goods and Services Tax (GST) on fees less the rebate to which the Consumer Groups are entitled in connection with GST. The Consumer Groups filed a bill of costs with their application. | |
| 4. | The Consumer Groups made no submissions as to the appropriate respondent in this case. | |
Commission analysis and determination |
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| 5. | Although PIAC in its application did not indicate that the Consumer Groups met the criteria for a costs award as set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules), upon review of the file, the Commission finds that the Consumer Groups have met the criteria for a costs award set out in section 44 of the Rules. Specifically, the Commission finds that the Consumer Groups are representative of a class of subscribers that has an interest in the outcome of the Public Notice 2003-3 proceeding, have participated in a responsible way, and have contributed to a better understanding of the issues by the Commission. | |
| 6. | The Commission notes that the rates claimed in respect of the legal and consulting fees are in accordance with the rates set out in the Legal Directorate's Guidelines for the Taxation of Costs, revised as of 15 May 1998. The Commission also finds that the total amount claimed by the Consumer Groups was necessarily and reasonably incurred and should be allowed. | |
| 7. | The Commission is of the view that this is an appropriate case in which to fix the costs and dispense with taxation in accordance with the streamlined procedure set out in New procedure for Telecom costs award, Telecom Public Notice CRTC 2002-5, 7 November 2002. | |
| 8. | With respect to the issue of the appropriate respondents, the Commission notes that it has generally determined that the appropriate respondents to an award of costs are the parties who are affected by the issues and have participated actively in the proceeding. The Commission further notes that the Companies and TELUS were made parties to the PN 2003-3 proceeding. As a result, the Commission considers that the Companies and TELUS are the appropriate respondents to this application. | |
| 9. | The Commission notes that it has, in previous decisions, allocated the responsibility for the payment of costs among respondents on the basis of the respondents' telecommunications operating revenues (TORs), as an indicator of the relative size and interest of the parties involved in the proceeding. The Commission is of the view that, in the present circumstances, it is appropriate to apportion the costs among the respondents in proportion to their TORs, as reported in their most recent audited financial statements. Given the relative differences in telecommunications revenues between the Companies and TELUS, the Commission finds that the responsibility for the payment of costs should be allocated as follows: | |
| The Companies | 76% | |
| TELUS | 24% | |
| 10. | Consistent with its general approach articulated in Action Réseau Consommateur, the Consumers' Association of Canada, Fédération des associations coopératives d'économie familiale and the National Anti-Poverty Organization application for costs - Public Notice CRTC 2001-60, Telecom Costs Order CRTC 2002-4, 24 April 2002, the Commission makes Bell Canada responsible for payment on behalf of the Companies and TCI responsible for payment on behalf of TELUS, and leaves it to the members of the Companies and TELUS to determine the appropriate allocation of the costs among themselves. | |
Direction as to costs |
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| 11. | The Commission approves the application by PIAC on behalf of the Consumer Groups for an award of costs with respect to their participation in the PN 2003-3 proceeding. | |
| 12. | Pursuant to subsection 56(1) of the Telecommunications Act, the Commission fixes the costs to be paid to the Consumer Groups at $32,937.57. | |
| 13. | The Commission directs that the award of costs to the Consumer Groups be paid forthwith by Bell Canada on behalf of the Companies and by TCI on behalf of TELUS according to the proportions noted in paragraph 9. | |
| Secretary General | ||
| This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca | ||
Date Modified: 2004-09-14
- Date modified: